1. Apply as soon as possible
The patent system of many countries adopts the principle of first application, and grants the patent right to the first person who applies for a patent, not the first person who completes the invention. Therefore, according to the principle of first application, once the invention is completed, it is necessary to file a patent application as soon as possible to avoid being preempted by others because of time delay. The so-called early application means that an enterprise applies for a patent immediately after completing its own invention and creation. As long as it is patentable, it does not need to spend time and time, and it will be further improved after careful technical and market argumentation. This strategy can be called preemptive strategy, which is relative to the mature application after strict argumentation and careful consideration. Its main purpose is to strive for initiative and exclude latecomers.
In the case of early application, we should pay attention to the following risks: (1) If the technical scheme is incomplete, the invention has not been completed, it cannot be implemented, and the practical conditions cannot be met, the application may be rejected; (2) The technical scheme disclosed in the specification is not fully disclosed, which cannot meet the requirements of full disclosure, and the application is at risk of being rejected; (3) The technical information disclosed in the rejected patent application may reveal R&D information and be used by others, so as to get inspiration from it, follow up the research and apply first, which will become its own obstacle; (4) Because the rejected application is the existing technology applied later, it may add trouble to the patent application for subsequent research and development achievements.
Generally speaking, applying in advance is risky. Unless necessary, don't adopt this strategy easily in the choice of application time.
Timely application
Because the purpose of applying for a patent is to commercialize it in the next step and then occupy the market, before applying for a patent, it is advisable to understand the market demand of the invention and choose a favorable application opportunity to avoid the patent being unable to be implemented due to market and other factors during the patent validity period, resulting in economic losses.
3. Application for extension
Not all inventions have to file patent applications at the fastest speed. For inventions with different natures and conditions, it is sometimes necessary to postpone the filing time of patent applications and wait for a specific opportunity to submit patent applications in combination with the needs of enterprise business development strategy. Enterprises adopt the delayed application strategy based on the following considerations.
(1) The market prospect is uncertain, and there is no application from others;
(2) The technology applied for protection is immature or the supporting technology is incomplete;
(3) The technology itself is limited and the scope of protection is narrow, which can be expanded after further development;
(4) Premature protection will hinder technical exchange, which is not conducive to further development.